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Madras High CourtTR CMP/300/2025allowed

D.Shandhini v. S. Gopinath

2025-04-21Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.6150 of 2025 D.Shandhini ... Petitioner Vs.

S.Gopinath ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw and transfer H.M.O.P.No.16 of 2025 pending on the file of the learned Sub Court at Ranipet to Family Court at Chennai and pass any further orders this Court deems fit and proper to the facts and circumstances of the case. For Petitioner :

Mr.R.Sumithra Chakkaravarthi For Respondent :

No Appearance

ORDER

The petitioner-wife has filed the present transfer petition seeking to withdraw the HMOP.No.16 of 2025 filed by the respondent-husband before the Sub Court at Ranipet and transfer the same to Family Court at Chennai. 1/5

2. The petitioner would submit that HMOP.No.16 of 2025 was filed by the respondent-husband for nullity of marriage. According to the petitioner-wife, both the families of the petitioner and the respondent was in good relationship over 25 years. Her marriage with the respondent was solemnized on 15.04.2024 and within a short span, the respondent deserted her and went to his parental home at Ranipet on 10.05.2024. Therefore, their relationship as husband and wife has ended on 10.05.2024. Unable to withstand that the dreams of her married life had come to an end abruptly, the petitioner wife got frustrated and suffered from depression and was administered with psychiatric treatment. The respondent-husband on the ill-advise of his mother, had decided to file a petition for nullity of the marriage on the ground that the petitioner is unfit for marriage life and accordingly filed the above HMOP.

3. The petitioner would further submit that she is a meritorious student and a school topper during her academic years. The petitioner's is a B.Com graduate and also pursued Chartered Accountancy course in Chennai. She is now doing an entry-level job in a firm, for which purpose, she had been staying in Chennai since August 2024. In such a situation, she 2/5

finds it difficult to travel a distance of 200 kms to and fro to attend the court hearings in Ranipet. That apart, she also apprehends threat at the hands of her mother-in-law, who is a politically influential person at Ranipet. Hence, the present Transfer CMP.

4. Heard the learned counsel for the petitioner. 5.The petitioner has now taken an entry level job at a Chartered Accountant firm at Adayar in Chennai, and at this juncture, if she is asked to travel to attend the hearings at Ranipet, it would cause problems at her work place. The petitioner is presently residing at Kottur, Chennai, which comes within the jurisdiction of Family Court, Chennai. The respondent's mother was a Municipal Councillor and has heavy political cloud at Ranipet and she has threatened physical harm to the petitioner. Therefore, the petitioner fears for her life.

5. Taking into account the difficulties expressed by the petitioner in travelling to Ranipet to attend every hearings and also she fearing threat at the hands of her mother-in-law at Ranipet, this Court deems it fit to consider 3/5

the prayer now sought in this Transfer CMP. Accordingly, the transfer petition is allowed and H.M.O.P.No.16 of 2025 pending on the file of the Sub Court at Ranipet is withdrawn from its file and transferred to Family Court at Chennai. No costs. Consequently, connected miscellaneous petition is closed.

21.04.2025 Index : Yes/No Internet : Yes/No ds To:

1.The Sub Judge Ranipet.

2.The Judge Family Court, Chennai.

3.The Section Officer VR Section High Court, Madras.

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P.T. ASHA, J, ds 21.04.2025 5/5